The Zoning Code is adopted for the following purposes:

(a)

To promote and protect the health, safety, comfort, morals, welfare, convenience and necessity of the public;

(b)

To secure adequate light, pure air, privacy and convenience of access to property;

(c)

To divide the area of the municipality into zones, prescribing and regulating therein the location, erection, reconstruction, alteration and use of buildings, structures and land for residential, business, manufacturing and other specified uses;

(d)

To fix reasonable standards to which buildings and structures shall conform and to provide that alterations or remodeling of existing buildings or structures be conducted in accordance with current standards as set forth herein;

(e)

To regulate and limit the intensity of use of land;

(f)

To protect against fire, explosions, noxious fumes and other dangers;

(g)

To avoid or lessen congestion in the public streets;

(h)

To protect the physical and mental health of the public by reducing or abating objectionable smoke, noise or other objectionable materials or influences wherever possible;

(i)

To establish setback lines along streets, trafficways, drives, parkways and storm and flood water runoff channels or basins and to regulate the location of structures relative to such lines;

(j)

To otherwise avoid or decrease the hazards to persons or damage to property resulting from the accumulation or runoff of storm and flood water;

(k)

To prevent the overcrowding of land and the undue concentration of structures by regulating and limiting the use and bulk of buildings in relation to the surrounding land;

(l)

To protect the character and maintain the stability of residential, business and industrial areas within the village;

(m)

To prohibit uses or structures which are incompatible with the character of other appropriate existing or intended developments within zoning districts;

(n)

To provide for the gradual elimination of those existing uses of land, buildings and structures, and of those buildings and structures that do not conform to the standards of the zone in which they are located;

(o)

To conserve and enhance the taxable value of land and buildings;

(p)

To promote the orderly development of the village in accordance with the Comprehensive Plan;

(q)

To facilitate the more efficient use of existing utilities and to make more feasible the development of sewer and water extensions;

(r)

To define and limit the powers and duties of the administrative officers and bodies as provided herein.

(1978 Code, § 5-1-1)

For the purposes of the Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the singular number include the plural, and those in the plural number include the singular. The word used is applied to any land or structure shall be construed to include arranged, designed, maintained, occupied and intended.

Agricultural exemption. An exemption which prohibits fee bearing building permits with respect to land used or to be used for agricultural purposes and further defines the powers of this chapter as to restrict the enforcement of this chapter, except that the rules or regulations shall require conformance with building and setback lines.

Agriculture. The tilling of the soil, the growing of crops or plant growth of any kind, including forestry, the maintenance of nonretail greenhouses and nurseries; the raising of livestock, poultry and customary farm animals for the purpose of farming; provided, that such activity is incidental to and subordinate to the tilling of the soil; and incidental structures for carrying out the above.

Apartment. One or more rooms comprising a dwelling unit, serving as the residence of an individual, family or household.

Apartment house. A dwelling containing more than two apartments or dwelling units.

Buildable area of a lot. That portion of a lot bounded by the required rear and side yards and the building setback line, excluding any portion of the land which is under water or lies waterward of the high-water mark.

Building. A structure built or maintained for the shelter or enclosure of individuals, animals or property of any kind.

Building line. A line on a lot, parallel to a lot line or street right-of-way line at sufficient distance to provide the required yards, delimiting the area in which structures are permitted.

Building setback line. A building line establishing the minimum allowable distance between a street right-of-way line and any structure.

Bulk material. Any unpackaged raw material, including sand, gravel, stone, asphalt, concrete, logs, wood chips, salt or other like materials.

Camp. Any land, including structures, used for assembly or temporary occupancy by persons and providing outdoor recreational facilities.

Camp, day or youth. A camp providing facilities for groups of young people such as YMCA camps, Boy Scout camps and Girl Scout camps.

Cannabis. "Cannabis" shall have the same definition as "cannabis" set forth in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis business establishment. A "cultivation center", "craft grower", "processing organization", "dispensing organization", or "transporting organization" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended, and such other cannabis business establishments authorized under the Act, as amended.

Cannabis craft grower. "Craft grower" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis cultivation center. "Cultivation center" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis dispensary. "Dispensing organization" and "dispensary" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis infuser. "Infuser organization" or "infuser" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis processer. "Processing organization" or "processer" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis transporter. "Transporting organization" or "transporter" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Club. An organization catering exclusively to members and their guests, or premises and buildings for social, recreational or athletic purposes which are not conducted primarily for gain; provided that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club.

Commercial. A facility not owned by a public body and operated for profit-making purposes.

Dwelling. A building, exclusive of mobile homes, hotels and motels, containing as the principal use one or more dwelling units.

Dwelling group. A building, exclusive of mobile homes, hotels or motels, providing, as a minimum, living, sleeping and toilet facilities for more than five but not more than 20 persons not comprising a family.

Dwelling, single-family. A dwelling containing one dwelling unit.

Dwelling, two-family. A dwelling containing two dwelling units.

Dwelling unit. A room or group of rooms providing living quarters for an individual, family or household.

Dwelling unit, attached. A dwelling unit in a building having a principal use other than as a residence.

Family. Two or more persons related to each other by blood, marriage or legal adoption, living together as a single housekeeping unit; or a group of not more than three persons, who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.

Floor area. The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure.

Floor area ratio. The floor area of a building or structure divided by the area of the zoning lot on which it is located.

Grade. The average level of the ground adjacent to the exterior walls of the building.

Graffiti. Any writing or drawings that have been scribbled, scratched, or painted illicitly on a wall or other public or private surface.

Ground area (lot coverage). That portion of a lot encompassed by the outside perimeter of the building.

Height of structure. The vertical distance as measured from grade to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a gable, hip or gambrel roof.

Historical farm. Restoration and preservation of historical agricultural methods, crafts and products. Use contemplates educational and recreational exhibits, crafts, retail sales, food and beverage services as ancillary to operation of the historical farm.

Hotel. A building designed for transient occupancy by more than 20 individuals containing rooms or suites accessible from a common hall or entrance, providing living, sleeping and toilet facilities; a general kitchen and a dining room may be provided.

Hotel suite. A room or group of rooms located in a hotel and designed to accommodate not more than one family.

Junkyard. Any land or structure used for a salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal and discarded materials, and the collection, dismantling, storage and salvaging of unlicensed, inoperative vehicles.

Kennel. Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding, care or breeding, for which any fee is charged; or any place in or at which more than four dogs over age four months are kept for any purpose.

Lot. A single parcel or tract of land.

Lot area. The area of a horizontal plane bounded by a vertical projection of the property lines of a lot excluding any street, easement for street purposes or right-of-way, and also excluding any portion of the lot which is permanently under water or which lies waterward of the highwater mark.

Lot, corner. A lot abutting on two streets at their juncture, when the interior angle formed is less than 135 degrees.

Lot, front of. That part of an interior lot abutting the street or that part of a corner lot extending across the narrowest part of the lot abutting the street.

Lot, interior. A lot other than a corner lot.

Lot, rear of. That part of a lot opposite the front of the lot.

Lot, recorded. A lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the County Recorder's office. A recorded lot may not coincide with a zoning lot. See also section 155.076.

Lot, zoning. A parcel of land, composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setbacks and any other requirements set forth in the Zoning Code.

Mobile home. Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance upon the public streets and designed to permit the occupancy thereof as a dwelling for one or more persons.

Motel. A building designed for transient occupancy containing rooms or suites with separate entrances, providing living, sleeping and toilet facilities.

Mural. An original, one-of-a-kind unique design or representation which does not contain promotional or commercial messages or advertising, and which is permanently hand painted, permanently hand tiled or permanently drawn on the exterior wall of a building.

Museum or art gallery commercial. A privately owned facility displaying objects or processes primarily of an educational or cultural nature. Entrance fees are normally collected. Incidental sales are normal, but are limited to food and products directly related to the educational or cultural displays.

Nursery school. A school or other instructional facility for preschool or kindergarten children that is not a part of an elementary school.

On-premises cannabis consumption establishment. A cannabis business establishment or other entity that is authorized or permitted to allow the on-premises consumption of cannabis.

Park. A facility designed for active recreational needs of residents within the community.

Principal building. The main building upon a lot, or the building which houses the principal use of the premises.

Principal use. The specific primary purpose for which land is used.

Public. A facility owned and operated by a public body.

Recreational use. Recreational facilities providing outdoor and/or indoor recreation not specifically provided for in this chapter.

Sheltered care. Maintenance and personal care, exclusive of nursing, for persons incapable of maintaining a private independent residence.

Sheltered care home. A private boarding home, institution, building, residence or other place which, through its ownership or management, provides sheltered care to three or more adults who are not related to the applicant or owner by blood or marriage.

Shopping center. A group of more than six commercial establishments planned, developed and managed as a unit, located on a zoning lot of at least ten acres, with parking provided on the property.

Sign. Any writing (including letter, word, or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other figure of a similar character, that:

(1)

Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure;

(2)

Is used to announce, direct attention to, or advertise; and

(3)

Is visible from outside a building.

A sign includes those signs subject to the regulations of chapter 152 of this code.

Staff doctor. A doctor employed by a hospital, clinic or other institution, or a doctor who is on call to such institution during certain specified periods of time in case of emergency or other need.

Story. That portion of a building or structure included between the surface of any floor and the floor or roof next above. A basement shall be counted as a story if the floor next above it is more than five feet above grade, provided, however, a basement in a building in a non-residential zoning district shall not be counted as a story if used exclusively for parking and storage and the related building's maximum height does not exceed the standard of the underlying zoning district.

Story, half. That portion of a building or structure under only gable, hip or gambrel roofs, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.

Street. A place or way, however designated, for vehicular travel which affords principal means of access to abutting property.

Street, collector. A street which carries traffic from a minor street to a major street.

Street, major. A street, except an expressway or a limited access highway, serving as a traffic artery for communication between areas of concentrated development.

Street, minor. A street in a residential area used primarily for access to abutting properties.

Strip stores. A group of six or less commercial establishments planned, developed, and managed as a unit, located on a zoning lot of less than ten acres, with parking provided on the property.

Structure. Anything constructed, erected or placed, which requires location in or on the ground or is attached to something having a location on the ground.

Use. The purpose or activity for which land, or any structure thereon, is designed, arranged or intended, or for which it is occupied or maintained.

Vehicle, inoperable. A vehicle incapable of being operated by any means.

Vehicle, operable. A vehicle operable by various means.

Vehicle, storage lot. A single parcel or tract of land used solely for the storage of operable or inoperable vehicles.

Vehicle, transient. A vehicle placed on a vehicle storage lot for an indefinite period of time.

Winepress.A machine used in pressing grapes, apples or similar fruits and producing beverages for retail sale. The inepress as defined by this provision is limited to a production of 25,000 gallons per year.

Yard. The open space between the nearest point of the lot line and the building line in which no structure may be located.

Yard, front. A yard extending the full width of the front of a zoning lot between the street right-of-way line and the nearest point of the building setback line.

Yard, rear. A yard extending the full width of the rear of a zoning lot between the nearest point of the rear lot line and the building line.

Yard, side. A yard located on either side of a zoning lot extending from the front yard to the rear yard between the nearest point of a building line and a lot line or street right-of-way in case of a corner lot.

Zone. An area of Wauconda delineated on the Zoning Map and subject to a specific set of regulations established in the Zoning Code.

Zoning enforcement officer. The officer responsible for the enforcement of the zoning and subdivision regulations of this Village Code. The Building Inspector of the village shall be so designated.

(1978 Code, § 5-1-2; Ord. 1969-O-1, passed 1-21-1969; Ord. 1975-ZO-20, passed 10-7-1975; Ord. 1978-ZO-18, passed 7-18-1978; Ord. 1985-ZO-20, passed 8-6-1985; Ord. 1987-O-16, passed 5-5-1987; Ord. 1996-ZO-16, passed 5-7-1996; Ord. 1998-O-06, passed 3-3-1998; Ord. 2014-ZO-07, passed 4-15-2014; Ord. 2014-ZO-08, passed 4-15-2014; Ord. 2017-O-01, passed 1-3-2017; Ord. 2019-ZO-24, passed 12-17-2019; Ord. No. 2023-ZO-28, passed 12-5-2023)